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(영문) 서울행정법원 2016.11.10 2016구단59907
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

On November 13, 2015, the Plaintiff filed an application for refugee status with the Defendant on December 9, 2015, while entering the Republic of Austria (C-3) as a foreigner of the nationality of the Republic of Austria (hereinafter referred to as "ASEAN") and staying in the Republic of Korea for short-term visit visa (C-3).

On December 17, 2015, the Defendant rendered a disposition to deny the Plaintiff’s application for refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a well-founded fear of persecution” as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol.

The Plaintiff filed an objection with the Minister of Justice on January 25, 2016, but the said objection was dismissed on May 31, 2016.

【Ground of recognition” without any dispute, the Plaintiff’s assertion as to the legitimacy of the instant disposition stated in Gap’s evidence Nos. 1 through 4, Eul’s evidence Nos. 1 and 2 is the Egbo person who was the Egbo, and the Plaintiff was threatened by Bobo’s officers around March 2015, and took the cell phone and wall Nos. 1.

As such, the Defendant’s disposition that did not recognize the Plaintiff as a refugee is unlawful even though it was highly likely that the Plaintiff might be stuffed due to Bobane erosion.

Judgment

In addition to the above-mentioned facts, it is insufficient to view that there is a well-founded fear of persecution to the Plaintiff in full view of the following circumstances, which can be seen by adding the entry of No. 3 in the above-mentioned facts and the purport of the entire pleadings, and the Defendant’s disposition of this case is legitimate as there is

The risk of Borocis is only a social issue, which is the universal risk existing in Borocia, and the family or the surrounding persons have made a sacrifice for Borocis's terrorism, unless there are special circumstances that Borocis's category of the plaintiff and engage in gambling.

The reason for recognition of refugee status under the Refugee Act is that the security is uneasy due to or inbrutation.

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